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WASHINGTON, DC, Jan 25, 2013 (MARKETWIRE via COMTEX) --
Judicial Watch announced today that California Superior Court Judge
Terry Green has refused to dismiss a taxpayer lawsuit filed May 8,
2012, against the Los Angeles Police Department and Police Chief
Charlie Beck over Special Order 7, a policy that regulates the
impounding of vehicles. Under Special Order 7, police officers would
no longer immediately impound the vehicles of unlicensed drivers for
30 days as long as they meet certain conditions. The ACLU, on behalf
of the Coalition for Humane Immigrants' Rights of Los Angeles and LA
Voice, has intervened to defend the LAPD policy.

The California Vehicle Code mandates the vehicles of unlicensed
drivers can be impounded for 30 days. However, according to the Los
Angeles Daily News, under the policy enacted by Police Chief Beck and
the Board of Police Commissioners, "vehicles of unlicensed drivers
will only be impounded for a day, if that person has insurance, valid
identification, has not caused an accident and has not been cited
previously for unlicensed driving. An exception may be made in some
cases if a licensed driver is immediately available to drive the
vehicle away."
But, as Judicial Watch notes in its complaint, according to the
California Constitution and California Vehicle Code Section 21, "a
local government has no authority to regulate or control any matter
covered by the California Vehicle Code unless such authority is
expressly granted by the State of California....Because the
provisions of Special Order 7 are not within the purview of any
express authorization granted by the State of California
Defendants...were without authority to enact Special Order 7..."
Judge Green issued his decision allowing the challenge to go forward
from the bench on January 17, 2013, indicating that he could not
dismiss this case without first receiving more information. The judge
also suggested the policy might violate state codes, which Judicial
Watch has argued in its court filings.

Judicial Watch's lawsuit, filed May 8, 2012, with the Superior Court
for the State of California, County of Los Angeles, seeks to stop the
use of taxpayer funds to enforce Special Order 7:
Plaintiff, a taxpayer and resident of the City of Los Angeles, seeks
to enjoin Defendants from expending taxpayer funds or
taxpayer-financed resources to implement, enforce, maintain, or
otherwise carry out the provisions of Special Order 7, which was
issued by the Los Angeles Police Department ("LAPD") on April 10,
2012 and which became effective on April 22, 2012. Plaintiff seeks a
declaratory judgment that Special Order 7 is preempted by article XI,
section 7 of the California Constitution and California Vehicle Code
Section 21, and therefore is unlawful and void.

The police union, The Los Angeles Police Protection League, has also
filed a lawsuit to stop the policy from being implemented.

"We are pleased the court will give this lawsuit the serious
consideration it deserves. We very much look forward to making our
case in court to put an end to this unlawful waste of taxpayer
dollars," said Judicial Watch President Tom Fitton. "At a time when
taxpayer dollars are stretched beyond the limit the last thing the
State of California should be doing is spending scarce resources to
support an illegal alien sanctuary policy. Special Order 7 is a slap
in the face to anyone who has ever been harmed by an unlicensed
illegal alien driver. The Los Angeles Police Department is once again
putting the needs of illegal aliens ahead of the safety of the
citizens of Los Angeles."
Visit www.judicialwatch.org
SOURCE: Judicial Watch